Bivio prepares our Federal tax return, may I presume that you will prepare the K2 & K3? Or did I miss something in this conversation?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 2:07 PM Laurie Frederiksen <laurie@bivio.biz> wrote:
Yes. You will need to file these forms.
They will not be blank since your club income also needs to be reported on them.
Club members may have other foreign tax reporting they need to address on their personal income tax forms. They will need the information on the club forms to complete forms they need to personally file. It would be very difficult for clubs to determine the details of each members personal tax situations to effectively determine who may or may not need the forms.
Due to the large penalty you'd be assessed if you didn't provide forms that you should have, we feel the best way to proceed with this is for you to provide the forms to all club members.
You will probably have 7 to 8 additional pages for the single K-2 that you'll need to file and then 7 to 8 additional pages for the K-3 forms that each member will receive.
Laurie Frederiksen Invest with your friends! www.bivio.com
Hi Ira, our club has no dividends from foreign companies or foreign taxes withheld.
Do I still need to file the new schedules? We are 16 members which means about 400 blank pages.
Another question: I normally do my taxes manually, we don't buy the tax program Is there a way to file electronically in case I need to file K-2 & K-3?
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.
Peter Dunkelberger on
I understand that Bivio does not electronically file the partnership tax returns. Can Bivio recommend a simple (free) way to electronically file a 1065?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 5:07 PM Laurie Frederiksen <laurie@bivio.biz> wrote:
Yes we will!
:)
Laurie Frederiksen Invest with your friends! www.bivio.com
Bivio prepares our Federal tax return, may I presume that you will prepare the K2 & K3? Or did I miss something in this conversation?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 2:07 PM Laurie Frederiksen <laurie@bivio.biz> wrote:
Yes. You will need to file these forms.
They will not be blank since your club income also needs to be reported on them.
Club members may have other foreign tax reporting they need to address on their personal income tax forms. They will need the information on the club forms to complete forms they need to personally file. It would be very difficult for clubs to determine the details of each members personal tax situations to effectively determine who may or may not need the forms.
Due to the large penalty you'd be assessed if you didn't provide forms that you should have, we feel the best way to proceed with this is for you to provide the forms to all club members.
You will probably have 7 to 8 additional pages for the single K-2 that you'll need to file and then 7 to 8 additional pages for the K-3 forms that each member will receive.
Laurie Frederiksen Invest with your friends! www.bivio.com
Hi Ira, our club has no dividends from foreign companies or foreign taxes withheld.
Do I still need to file the new schedules? We are 16 members which means about 400 blank pages.
Another question: I normally do my taxes manually, we don't buy the tax program Is there a way to file electronically in case I need to file K-2 & K-3?
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.
mjeckerle on
Laurie,
The word "may" as highlighted below raises questions. Do you have any comment?
From: club_cafe@bivio.com <club_cafe@bivio.com> On Behalf Of Laurie Frederiksen Sent: Thursday, February 10, 2022 3:27 PM To: club_cafe@bivio.com Subject: Re: [club_cafe] Schedules K-2 and K-3
Because the latest revisions to the for instructions that the IRS released on January 31 contain this wording:
A partnership with no foreign source income, no assets generating foreign source income, and no foreign taxes paid or accrued may still need to report information on Schedules K-2 and K-3. For example, if the partner claims a credit for foreign taxes paid by the partner, the partner may need certain information from the partnership to complete Form 1116.
Laurie Frederiksen Invest with your friends! www.bivio.com
They will not be blank since your club income also needs to be reported on them.
Club members may have other foreign tax reporting they need to address on their personal income tax forms. They will need the information on the club forms to complete forms they need to personally file. It would be very difficult for clubs to determine the details of each members personal tax situations to effectively determine who may or may not need the forms.
Due to the large penalty you'd be assessed if you didn't provide forms that you should have, we feel the best way to proceed with this is for you to provide the forms to all club members.
You will probably have 7 to 8 additional pages for the single K-2 that you'll need to file and then 7 to 8 additional pages for the K-3 forms that each member will receive.
Laurie Frederiksen Invest with your friends! www.bivio.com
Hi Ira, our club has no dividends from foreign companies or foreign taxes withheld.
Do I still need to file the new schedules? We are 16 members which means about 400 blank pages.
Another question: I normally do my taxes manually, we don't buy the tax program Is there a way to file electronically in case I need to file K-2 & K-3?
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.
ira smilovitz on
I'm not aware of any free efiling service for partnership returns.
I understand that Bivio does not electronically file the partnership tax returns. Can Bivio recommend a simple (free) way to electronically file a 1065?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 5:07 PM Laurie Frederiksen <laurie@bivio.biz> wrote:
Yes we will!
:)
Laurie Frederiksen Invest with your friends! www.bivio.com
Bivio prepares our Federal tax return, may I presume that you will prepare the K2 & K3? Or did I miss something in this conversation?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 2:07 PM Laurie Frederiksen <laurie@bivio.biz> wrote:
Yes. You will need to file these forms.
They will not be blank since your club income also needs to be reported on them.
Club members may have other foreign tax reporting they need to address on their personal income tax forms. They will need the information on the club forms to complete forms they need to personally file. It would be very difficult for clubs to determine the details of each members personal tax situations to effectively determine who may or may not need the forms.
Due to the large penalty you'd be assessed if you didn't provide forms that you should have, we feel the best way to proceed with this is for you to provide the forms to all club members.
You will probably have 7 to 8 additional pages for the single K-2 that you'll need to file and then 7 to 8 additional pages for the K-3 forms that each member will receive.
Laurie Frederiksen Invest with your friends! www.bivio.com
Hi Ira, our club has no dividends from foreign companies or foreign taxes withheld.
Do I still need to file the new schedules? We are 16 members which means about 400 blank pages.
Another question: I normally do my taxes manually, we don't buy the tax program Is there a way to file electronically in case I need to file K-2 & K-3?
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.
Kenneth C. Smith on
TaxAct is $110 for software to complete and electronically
file a Form 1065. That's the least expensive. (TurboTax is
$160, I think).
Ken Smith
Laurie Frederiksen on
"May" means you have to know enough about each members personal tax filing requirements to put the club at risk of having to pay penalties in the thousands of dollars for not filing these forms.
The cost of some extra paper and postage is small compared to that.
We understand that this requirement seems onerous to all of you. It certainly impacts us also.
But, as clubs, you actually have it relatively good when it comes to this. Other types of partnerships are facing thousands of dollars in extra fees to get their partnership returns with the new forms prepared and filed by tax preparers.
The IRS sees Partnerships as black holes of non-compliance with tax laws. New regulations such as these are meant to address some of the most problematic areas.
After over 10 years of dealing with cost basis reporting, I can tell you that there was a lot of misreporting going on before it was implemented. I suspect that this will be true with this change also.
Laurie Frederiksen Invest with your friends! www.bivio.com
Because the latest revisions to the for instructions that the IRS released on January 31 contain this wording:
A partnership with no foreign source income, no assets generating foreign source income, and no foreign taxes paid or accrued may still need to report information on Schedules K-2 and K-3. For example, if the partner claims a credit for foreign taxes paid by the partner, the partner may need certain information from the partnership to complete Form 1116.
Laurie Frederiksen Invest with your friends! www.bivio.com
They will not be blank since your club income also needs to be reported on them.
Club members may have other foreign tax reporting they need to address on their personal income tax forms. They will need the information on the club forms to complete forms they need to personally file. It would be very difficult for clubs to determine the details of each members personal tax situations to effectively determine who may or may not need the forms.
Due to the large penalty you'd be assessed if you didn't provide forms that you should have, we feel the best way to proceed with this is for you to provide the forms to all club members.
You will probably have 7 to 8 additional pages for the single K-2 that you'll need to file and then 7 to 8 additional pages for the K-3 forms that each member will receive.
Laurie Frederiksen Invest with your friends! www.bivio.com
Hi Ira, our club has no dividends from foreign companies or foreign taxes withheld.
Do I still need to file the new schedules? We are 16 members which means about 400 blank pages.
Another question: I normally do my taxes manually, we don't buy the tax program Is there a way to file electronically in case I need to file K-2 & K-3?
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.
Laurie Frederiksen on
Note that the IRS has postponed accepting electronic filing of returns with the new forms until at least March 20.
Also note that unless you are familiar with partnership accounting and partnership taxation, there is a good chance that you would not be generating correct tax reporting from a program like the ones mentioned.
Laurie Frederiksen Invest with your friends! www.bivio.com
TaxAct is $110 for software to complete and electronically
file a Form 1065. That's the least expensive. (TurboTax is
$160, I think).
Ken Smith
Kenneth C. Smith on
My point is that spending $ on the 3 Ps (Postage, Paper, &
Printer ink) in order to file a Bivio generated return is
still more convenient and economical than the alternatives!
Ken Smith
Michael Grove on
Hi Laurie,
We have the BATT ETF and Bivio is asking for the country to which the taxes were paid. As you noted we typically have put in "Various" for this (and that is what is reported on the 1099 from Schwab) but that is not an option on the Bivio form now. I checked the web link for BATT below for Prospectus Tax information, but it does not indicate any country (and if fact there will be several countries I would guess as they are an ETF covering many companies in many countries such as Australia, China, etc). What do you recommend?
Thx
Mike Grove, Azure Investment Club
On Thu, Feb 10, 2022 at 7:43 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
When you prepare your club taxes, RIC is the country code that you will enter for ETF's with foreign source income. In the past you may have entered "Various" for those investments , but that terminology is no longer allowed.
Laurie Frederiksen Invest with your friends! www.bivio.com
Showing my ignorance, but for what is RIC an abbreviation?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 9:55 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
Unfortunately it doesn't appear so. We've frequently seen disclaimers on 1099's (if they even provided any foreign source information) such as the ones below:
In this case, the RIC's they are referring to are ETF's with foreign investments. This means that for a club to get the information they need on the correct percentage of foreign source income, they need to go to the investor relations page for the ETF and find what information the company has provided there.
Sometimes there is nothing on the 1099 even though the ETF had foreign income. So you're going to need to check the company investor relations pages for all ETF's your club owns.
What you will be looking for is information like this which the Amplify funds have posted for their ETF's BATT and JGLD.
Don't the brokerages have some degree of responsibility to accurately report those income
items to the clubs and the IRS through the 1099s?
Peter Dunkelberger
Sumner Stock Selectors Investment Club
On Thu, Feb 10, 2022 at 8:54 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
As current IRS instructions stand, you are not going to avoid these forms whether or not you have foreign investments, so that, in itself, would not be a reason to sell them.
However, foreign investments can have the potential to bring other problematic tax reporting and accounting issues for clubs. We've seen many times where such stocks have gone through reorganizations or special distributions and have not provided good guidance on the US tax implications of those things. This has led to delays in providing clubs the information they need to get their records correctly updated.
In addition, if your club owns any ETF's with exposure to foreign companies, you may have more difficulties getting the information you need to report that income on your club taxes with the new forms.
Laurie Frederiksen Invest with your friends! www.bivio.com
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.
Laurie Frederiksen on
For ETF's where you would have used "Various" in the past, you now have to use RIC.
You also need to enter a percentage of foreign income for those companies for the year. You may find that on your 1099 or information you can use to calculate it from your 1099. If not, the investor relations page for the company may have it.
If you can't find it there, there should be an investor relations contact you can email to ask the question.
Laurie Frederiksen Invest with your friends! www.bivio.com
We have the BATT ETF and Bivio is asking for the country to which the taxes were paid. As you noted we typically have put in "Various" for this (and that is what is reported on the 1099 from Schwab) but that is not an option on the Bivio form now. I checked the web link for BATT below for Prospectus Tax information, but it does not indicate any country (and if fact there will be several countries I would guess as they are an ETF covering many companies in many countries such as Australia, China, etc). What do you recommend?
Thx
Mike Grove, Azure Investment Club
On Thu, Feb 10, 2022 at 7:43 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
When you prepare your club taxes, RIC is the country code that you will enter for ETF's with foreign source income. In the past you may have entered "Various" for those investments , but that terminology is no longer allowed.
Laurie Frederiksen Invest with your friends! www.bivio.com
Showing my ignorance, but for what is RIC an abbreviation?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 9:55 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
Unfortunately it doesn't appear so. We've frequently seen disclaimers on 1099's (if they even provided any foreign source information) such as the ones below:
In this case, the RIC's they are referring to are ETF's with foreign investments. This means that for a club to get the information they need on the correct percentage of foreign source income, they need to go to the investor relations page for the ETF and find what information the company has provided there.
Sometimes there is nothing on the 1099 even though the ETF had foreign income. So you're going to need to check the company investor relations pages for all ETF's your club owns.
What you will be looking for is information like this which the Amplify funds have posted for their ETF's BATT and JGLD.
Don't the brokerages have some degree of responsibility to accurately report those income
items to the clubs and the IRS through the 1099s?
Peter Dunkelberger
Sumner Stock Selectors Investment Club
On Thu, Feb 10, 2022 at 8:54 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
As current IRS instructions stand, you are not going to avoid these forms whether or not you have foreign investments, so that, in itself, would not be a reason to sell them.
However, foreign investments can have the potential to bring other problematic tax reporting and accounting issues for clubs. We've seen many times where such stocks have gone through reorganizations or special distributions and have not provided good guidance on the US tax implications of those things. This has led to delays in providing clubs the information they need to get their records correctly updated.
In addition, if your club owns any ETF's with exposure to foreign companies, you may have more difficulties getting the information you need to report that income on your club taxes with the new forms.
Laurie Frederiksen Invest with your friends! www.bivio.com
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.
John Grajczyk on
Just a real quick question: K2's are to be sent with the club's taxes. Individual members do not have to send in a K2?
John Grajczyk
On Thu, Mar 3, 2022, 9:52 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
For ETF's where you would have used "Various" in the past, you now have to use RIC.
You also need to enter a percentage of foreign income for those companies for the year. You may find that on your 1099 or information you can use to calculate it from your 1099. If not, the investor relations page for the company may have it.
If you can't find it there, there should be an investor relations contact you can email to ask the question.
Laurie Frederiksen Invest with your friends! www.bivio.com
We have the BATT ETF and Bivio is asking for the country to which the taxes were paid. As you noted we typically have put in "Various" for this (and that is what is reported on the 1099 from Schwab) but that is not an option on the Bivio form now. I checked the web link for BATT below for Prospectus Tax information, but it does not indicate any country (and if fact there will be several countries I would guess as they are an ETF covering many companies in many countries such as Australia, China, etc). What do you recommend?
Thx
Mike Grove, Azure Investment Club
On Thu, Feb 10, 2022 at 7:43 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
When you prepare your club taxes, RIC is the country code that you will enter for ETF's with foreign source income. In the past you may have entered "Various" for those investments , but that terminology is no longer allowed.
Laurie Frederiksen Invest with your friends! www.bivio.com
Showing my ignorance, but for what is RIC an abbreviation?
Peter Dunkelberger
On Thu, Feb 10, 2022 at 9:55 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
Unfortunately it doesn't appear so. We've frequently seen disclaimers on 1099's (if they even provided any foreign source information) such as the ones below:
In this case, the RIC's they are referring to are ETF's with foreign investments. This means that for a club to get the information they need on the correct percentage of foreign source income, they need to go to the investor relations page for the ETF and find what information the company has provided there.
Sometimes there is nothing on the 1099 even though the ETF had foreign income. So you're going to need to check the company investor relations pages for all ETF's your club owns.
What you will be looking for is information like this which the Amplify funds have posted for their ETF's BATT and JGLD.
Don't the brokerages have some degree of responsibility to accurately report those income
items to the clubs and the IRS through the 1099s?
Peter Dunkelberger
Sumner Stock Selectors Investment Club
On Thu, Feb 10, 2022 at 8:54 AM Laurie Frederiksen <laurie@bivio.biz> wrote:
As current IRS instructions stand, you are not going to avoid these forms whether or not you have foreign investments, so that, in itself, would not be a reason to sell them.
However, foreign investments can have the potential to bring other problematic tax reporting and accounting issues for clubs. We've seen many times where such stocks have gone through reorganizations or special distributions and have not provided good guidance on the US tax implications of those things. This has led to delays in providing clubs the information they need to get their records correctly updated.
In addition, if your club owns any ETF's with exposure to foreign companies, you may have more difficulties getting the information you need to report that income on your club taxes with the new forms.
Laurie Frederiksen Invest with your friends! www.bivio.com
You haven't seen the revised instructions released on Jan 18. They state that partnerships, even those with no foreign activity, must provide the information unless they know for certain that their partners have no other foreign activity that would require an 1116. Penalties for failure to file are the same as those for errors/omissions on Schedule K-1 - $280 per K-2, increased to the greater of $570 or 10% of the items to be reported per K-2 in the case of intentional disregard.
Per IRS instructions for K-2 form: The partnership need not complete this schedule if the partnership does not have items of international tax relevance (typically, international activities or foreign partners). The entire K-2 form is 19 pages long.
The IRS is only doing what Congress directed them to do as part of the 2017 Tax Cuts and Jobs Act. Congress changed the way multinational entities calculate their US tax liability to reduce their ability to eliminate US taxes with excessive foreign tax credits and/or sheltering income offshore. We are just the tiny fish caught in the net.
By all means write to your Representatives in DC and complain. It can be effective. Just this week the IRS announced that it was suspending plans to move to a facial recognition identity verification process if you wanted access to your IRS records.
I just saw the following posted on the Better Investing Treasurer's discussion list. Is this true?
The IRS published new draft instructions for schedule K-2 dated 1/31/2022 on their draft forms web page. The new instructions will require ALL clubs to include a schedule K-2 and K-3s for each member with their form 1065, even if the club had no foreign income. ICLUBcentral is making the needed changes to the Federal tax printer so these schedules will be included for all clubs. Please consider waiting until these changes are implemented to generate your club Federal tax return. These schedules are LONG and will add about 220 pages to the return of a club with 10 members. E-filing becomes an even better option now.